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How do I know if I have a surgical malpractice case?

Los Angeles, CA |

I recently had a breast implant but its not perfectly shaped and now I have to restructure and revision implant. Does this qualify as surgical malpractice? How do I know if I have a surgical malpractice case?

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Attorney Answers 3


  1. Medical malpractice occurs when a doctor’s treatment falls below the accepted standard of care, a patient is injured and the injury is caused by the doctor’s substandard care. It is impossible to know if this occurred in your case without looking at the medical records and doing an investigation into what went wrong. Bad result does not automatically mean malpractice. Contact a local medical malpractice lawyer right away to look into it because the time to bring these cases is limited.

    This response is not intended to act as legal advice. I am not licensed to practice law in any state other than the State of Illinois. No attorney-client relationship is formed until you sign an attorney-client agreement with my office.


  2. If the damage you have is simply that you don't like the shape, then you would not have a sufficient injury to justify the massive cost of malpractice litigation. These cases are very expenses to pursue -- tens of thousands of dollars. Most plaintiffs need to have a extreme injury that is permanent and debilitating.

    The statute of limitations in CA is just 1 year. You may want to speak with a local lawyer.


  3. While I cannot give you legal advice in this forum, medical malpractice cases are complex. You will need to consult with an attorney that specializes in that field. There are many in LA. Most will give you a consultation for free. You can search them online.

    THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL ADVICE. FURTHER, THIS RESPONSE IS NOT INTENDED TO AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

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